Last Updated: January 19, 2017
Illinois Statute of Limitations for Car Accident Claims
All Illinois personal injury claims, including those alleging injuries from a car accident, are subject to the state’s statute of limitations. Statutes of limitations are state-imposed deadlines to file a lawsuit. If you do not file your claim within the appropriate time and in the appropriate court, you risk forever losing the ability to sue.
Deadlines for Pursuing a Car Accident Claim under Illinois Law
Illinois’ 735 Illinois Compiled Statutes section 5/13-202 says, “Actions for damages for an injury to the person…shall be commenced within two years next after the cause of action accrued.”
In other words, after you have been injured in a car accident in the State of Illinois, you must file your claim (“lawsuit”) within two years of the exact date of the auto accident.
If you do not file your action on time, you may lose your rights permanently. Your attorney will inform you of your time frame and ensure your action is filed on time.
The First Stage of a Car Accident Claim or Lawsuit in Illinois
The first stage is the point in time when you focus on your recovery but still need to pursue your claim actively. Make sure you document everything fully and save every piece of paper, email, and letter you receive regarding the collision. You will want to get a police report as well. Give all of this information to your attorney. Remember that there is a time limit called a statute of limitations. Your attorney can advise you about that statute of limitations and the ramifications of trying to file after the “statute has run.”
Click here to read our page on the Four Stages of a Car Accident Lawsuit.
Click here to read about your legal rights according to Illinois Car Accident Laws.
Why You Need an Attorney
However, many factors can influence the exact statute of limitations in someone’s case, which is why it is extremely important to contact an experienced Chicago Car Accident Lawyer as soon as possible following an accident. Failure to timely file your case can be devastating, and Stein & Shulman, LLC can help you understand the appropriate time limit on your claims.
Car Accident Wrongful Death Statutes of Limitations and Lawsuit
In Illinois, wrongful death lawsuits must be filed within the time limit set by the statute of limitations for the underlying type of case, which is generally two years for car accident cases, or within one year from the date of the deceased death, as set out in 735 Illinois Compiled Statutes 5/13-209, whichever is the later date. This means that in most fatal car accident cases, the personal representative will have at least one year and potentially two years to bring the action. Statutes of limitations can be complex, and each case is unique, so it is always important to act fast and consult with a wrongful death attorney if you have questions concerning legal deadlines.
Common Questions About Illinois’ Car Accident Statute of Limitations
- What is the statute of limitations in Illinois?
- What is the statute of limitations to sue for a car accident in Illinois?
- Can you sue after the statute of limitations in Illinois?
- Is Illinois a no fault state for auto insurance?
- Can you extend the statute of limitations?
Put Our Over 45 Years of Combined Legal Experience To Work On Your Case!
If you have been injured in a car accident, the Car Accident Injury Attorneys at Stein & Shulman, LLC can help. We understand how difficult it can be to decide what actions you should take following a car accident. When you retain our firm, we will diligently investigate the circumstances surrounding your accident and fight for your full legal recovery. Our firm has achieved over 40 million in settlements and verdicts for our valued clients. Contact us today for you instant consultation with one of our experienced car accident lawyers at (312) 422-0506.